Butler County Sheriff's Office (hamilton, Ohio) - Intergovernmental Service Agreement (igsa) With Ice

United States Department of Homeland Security Bureau of Immigration and Customs Enforcement

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Intergovemnrental Service Agreementfor Housing Federal Detainees

Agreement Nwnber

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ACBA-H-0002

Effective as of date in block

3. Requisition Nwnber

(IfappJicab\e)

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4. Issuing Office Address: Department of Homeland Security 70 Kimball Avenue South Burlington, VT 05403-6813 Contact Person: Ned RRoss Phone: ( Fax: this Agreement:

5. City/County/State Government: (Service Provider) Butler County Sheriff's Office 705 Hanover Road Hamilton, OH 45011 Contact Person: Phone: (51 Fax: 7.

Housing, security, subsistence, clothing and medical care of persons detained by the u.S. Department of Homeland Security in accordance with the terms and conditions set forth in this agreement.

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*Detainee Day Rate: $ 53.20 Transportation: Guard Rate Mileage

$ 29.29 $ 36 cents/mile

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* This is a fixed rate until adjusted via formal modification 10. of Detainee: 0 Adult Male 21' Adult Female 11. City/County or State Government Certification: To the best of my (our) knowledge and belief, data submitted in support of this agreement is true and correct; this agreement has been duly authorized by the governing body of the citylcounty or state government identified in block 5 above. The citylcounty or state government identified shall comply with

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(SignaJure )

Michael A. Fox Commissioner, Butler County, OH . (Date)

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(Date)

(Name & Title typed or printed)

Charles R. Furman Commissioner, Butler County, OH (Name & Title typed or prinled)

Courtney E. Combs .:&SJ¥tiI;9}WJor ptmJti}eI COUll ty , OH

(For addilional signatures. please attach another page.)

12. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees

Article I. Purpose A. Purpose. The purpose of this Intergovernmental Service Agreement (lGSA) is to establish an Agreement between the Bureau of Immigration and Customs Enforcement (BICE), a component of the Department of Homeland Security, and a state or local government agency (Service Provider) for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. The term "Parties" is used in this Agreement to refer jointly to BICE and the Service Provider. All persons.in the custody of the BleE will be referred to as an "Administrative DeUJ.jnee": This term recognizes that BICE detainees are not charged With criminal violati'onsand . only held in custody to assure their presence throughout the administrative hearing process, and to assure their presence for removal from the United States pursuant to a lawful final order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body.

B. Responsibilities. This Agreement sets forth the responsibilities ofBICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from BICE at the prescribed rate. C. Guidance. The Parties will negotiate the detainee day rate. Once established, this is a fixed rate per detainee day and shall only be modified by bi-Iateral modification in accordance with Article Xl.

Article ll. General

A. Funding. The obligation ofBICE to make payments to the Service Provider is contingent upon the availability of Federal funds. The BlCE will, however, neither present detainees to the Service Provider nor direct performance of any other services until the BICE has the appropriate funding.

B. Subcontractors. The Service Provider shall notify and obtain approval from the BlCE if it intends to house BICE detainees in a facility other than that specified on the cover page of this document. If either that facility, or any future one, is operated by an entity other than the Service Provider, BICE shall treat that entity as a subcontractor to the Service Provider. The Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide BICE with copies of all subcontracts in existence during any part of the term of this Agreement. The BlCE will not either accept invoices from, or make payments to, a subcontractor. C. Consistent with law. Any provision of this Agreement contrary to applicable statutes, regulation, policies, or judicial mandates is null and void, but shall not necessarily affect the balance of the Agreement.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees

Article ill. Covered Services A. Bed space. The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all detainees as determined within the classification system. The BICE will be financially liable only for the actual detainee days as defmed in Paragraph C. of this Article.

B. Basic needs. The Service Provider shall provide adult BICE detainees (gender as specified in Paragraph A. of this Article) with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, fire and safety codes, policies, and procedures. If the Service Provider determines that BICE has delivered a person for custody who is under the age of 18, the Service Provider shall not house that person with adult detainees, and shall notify the BICE immediately. The types and levels of services shall be those the Service Provider routinely affords to other inmates.

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C. Unit of service and financial liability. The unit of service will be a "detainee day" (one person per day). The detainee day begins on the date of arrival. The Service Provider may bill BICE for the date of arrival but not the date of departure. For example: If a detainee is brought in at 1900 Sunday and is released at 0700 on Monday, the Service Provider may bill for 1 detainee day. If a detainee is brought in at 0100, Sunday and is released at 2359 Monday, the Service Provider may bill for only 1 detainee day. The BICE shall be responsible to pay for only those beds actually occupied. D. Interpretive services. The Service Provider shall make special provisions for nonEnglish speaking, handicapped or illiterate detainees. The BICE will reimburse the Service Provider for any costs associated with providing commercial written or telephone language interpretive services, and upon request, will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally (in English or the. detainee' ~ native language as appropriate) to detainees who cannot read. The Service Provider shall include the amount that the Service Provider paid for such services on their regular monthly invoice. The Service Provider shall not use detainees for translation services, except in emergency situations. If the Service Provider uses a detainee for translation service, it shall notify BICE within 24 hours.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees

E. Escort and Transportation services. The Service Provider will provide, upon request and as scheduled by BICE, necessary escort and transportation services for BICE detainees to and from designated locations. Escort services will be required for escorting detainees to court hearings, escorting witnesses to the courtroom and staged with the BICE judge during proceedings. Transportation services shall be performed by at least two (2) qualified sworn law enforcement or correctional officer personnel employed by the Service Provider and under its policies, procedures and authorities. The BICE shall reimburse the Service Provider for any hourly expenses for guarding purposes if the Service Provider is required to provide such service. All costs for escort and transportation services shall be listed separately. When utilizing BICE vehicles the Service. Provider will be reimbursed for actual' hours provided only. . . . .~

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Article IV. Receiving and Discharging Detainees

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A. Required activity. The Service Provider shall receive and discharge detainees only from and to either properly identified BICE personnel or other properly identified Federal law enforcement officials with prior authorization from BICE. Presentation of U.S. Government identification shall constitute proper identification. The Service Provider shall furnish receiving and discharging services twenty~four (24) hours per day, seven (7) days a week. The BICE shall furnish the Service Provider with reasonable notice of receiving or discharging detainee(s). The Service Provider shall ensure positive identification and recording of detainees and BICE officers. The Service Provider shall not pennit medical or emergency discharges except through coordination with on-duty BleE officers. B. Restricted release of detainees. The Service Provider shall not release BICE detainees from its physical custody to. any persons other than those described in Paragraph A of this Article for any reason, except for either medical, other emergent situations, or in response to a federal writ of habeas corpus. If a BICE detainee is sought for federal, state or local court proceedings, only BICE may authorize release of the detainee for such purposes. The Service Provider shall contact BICE immediately regarding any such requests.

C. Service Provider right of refusal. The Service Provider retains fulal and absolute right either to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider's health provider. In the case of a detainee already in custody, the Service Provider shall notify the BICE and request such removals, and shall allow the BICE reasonable time to make alternative arrangements for the detainee. D. Emergency evacuation. In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate BleE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider's authority. The Service Provider shall notify BleE within two hours of such evacuation.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees Article V. BICE Detention Standards The Service Provider shall ensure compliance with the BICE detention standards (find under www.immigration.gov/graphicsllawsregs/guidance.htm. and Department of Justice core detention standards to be provided by BICE. The Service Provider may adopt, adapt or establish alternative procedures, provided they meet or exceed the standard. As additional BICEIDOJ detention standards are issued, and/or changed, they will be incorporated by issuance of a bi-Iateral modification. Compliance will be made within ninety (90) days from the effective date of this agreement.

Article VI. Medical Services A. Auspices'ofHealth Authority. 'TheSmrice Provider shali-provide BICE detaiDees with on-site health care services under the control of a local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on-site.

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B. Level of Professionalism. The Service Provider shall ensure that all health care service providers utilized for BICE detainees hold current licenses, certifications, andlor registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a health care professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Service (DIHS). Healthcare or health trained personnel may perform screenings.

c. Access to health care. The Service Provider shall ensure that on-site medical and health care coverage as defined below is available for all BICE detainees at the facility for at least eight (8) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instruCtions in his or her native language for gaining access ~o health care services as prescribed in Article III, Paragraph D. D. On-site health care. The Service Provider shall furnish on-site health care under this Agreement. The Service Provider shall not charge any BICE detainee an additional fee or co-payment for medical services or treatment provided at the Service Provider's facility. The Service Provider shall ensure that BICE detainees receive no lower level of on-site medical care and services than those it provides to local inmates. On-site health care services shall include arrival screening within 24 hours of arrival at the Facility, sick call coverage, provision of over-the-counter medications, treatment of minor injuries (e.g., lacerations, sprains, contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees

E. Arrival screening. Arrival screening shall include at a minimum TB symptom screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). F. Unacceptable medical conditions. If the Service Provider determines that a BleE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uricontrollable violence), the Service Provider shall notify BICE. Upon such notification the Service Provider shall allow BleE reasonable time to make the proper arrangements for further disposition of that detainee.

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G. DIHS Pre-approval for non-emergent off-site care. The DIHS acts as the agent and final health authority for BleE on all off-site detainee medical and health related matters. The relationship of the DIHS to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information for BICE detainees to the DIHS representatives upon request. The Service Provider shall solicit DIHS approval before proceeding with non-emergency, off-site medical care (e.g. off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non-routine, off-site medicallhealth services to DIHS. For medical care provided outside the facility, the PIHS may deterinine that an alternative medical provider or institution is more cost-effective or more aptly meets the needs ofBICE and the detainee. The BICE may refuse to reimburse the Service Provider for non-emergency medical costs incurred that were not preapproved by the DIHS. The Service Provider shall send all requests for pre-approval for . non-emergency off-site care to: Immigration Health Services Managed Care Program Fax: 202-318-0080 Managed Care Coordinators: 1-888-718-8947 The Service Provider is to notify all medical providers approved to furnish off-site health care of detainees to submit their bills in accordance with instructions provided to: Immigration Health Services PMB468 1220 L STREET N.W. Washington, DC 20005-4018 Medical Claims Status Inquiry: 1-888-238-8163 More information is available at the PHS DIHS web site at: http://inshealth.hrsa gov/provider/provider.html

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees H. Emergency medical care. The Service Provider shall furnish 24 hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's health. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DillS Managed Care Coordinator by calling the telephone number listed in paragraph G above as soon as possible, and in no case more than seventy-two hours after detainee receipt of such care. The Health Authority will obtain pre-authorization from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation.

I. Off-site custody officers. The Service Provider shall provide off-site custody officers at all times detainees are admitted to an outside medical facility. The Service Provider shall submit, a separate, invoicefor custody officer services with its regular monthly,

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J. DIHS visits. The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider departments. Article VU. No Employment of Unauthorized Aliens

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Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, persons detained for BICE shall not be required to perform manual labor. '

Article VIll. Period of Performance This Agreement shall remain in effect indefinitely, or until terminated by either Party upon 60 days written notice, unless an emergency situation requires the immediate relocation of detainees, or the Parties agree to a shorter period lUlder the procedures prescribed in Article X.

Article IX. Inspection A. Jail Agreement Inspection Report. The Service Provider shall allow BICB to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by the BlCE. No notice to the Service Provider is required prior to an inspection. The BICE will conduct such inspections in accordance with the Jail Agreement Inspection Report a copy of which is included as Attachment E to this Agreement. The Jail Inspection Report stipulates minimum requirements for fire/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, confidential communication, telephone access, legal counsel, legal library, visitation, and recreation. The BlCE will share findings of the inspection with the Service Provider's facility administrator to promote improvements to facility operation, conditions of confinement, and level of service.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreementfor Housing Federal Detainees

B. Possible termination. lfthe Service Provider fails to remedy deficient service BICE identifies through inspection, BICE may terminate this Agreement without regard to the provisions of Articles VIII and X. C. Share findings. The Service Provider shall provide BICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Detainee Records. The Service Provider shall, upon request, grant BlCE access to any record in its possession (regardless of whether the Service Provider created the record) concerning any alien wh9rrt it has detained pursuant to this Agreem~t. .This right of access shall include, but not be limite4 to, incident repOrts, records relating to suicide attempts, and behavioral assessments and other records relating to the alien's behavior while in Service custody. Furthermore, the Service Provider shall retain all records where this right of access applies. The retention period will be at least two years from the date of the detainee's discharge from the Service Provider's custody.

Article X. Modifications and Disputes

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A. Modifications. Actions other than those designated in this Agreement will not bind or incur liability on behalf of either party. Either party may request a modification to this agreement by submitting a written request to the other. A modification will become part of this Agreement only after the BlCE Contracting Officer and the authorized signatory of the Service Provider have approved it in writing.

B. Disputes. The BICE Contracting Officer and the authorized signatory of the Service Provider are the parties to settle disputes, questions, and concerns arising from this Agreement. Settlement of disputes shall be memorialized in a written modification between the BICE Contracting Officer and authorized signatory of the Service Provider. Article XI. Adjusting the Detainee Day Rate The BICE shall reimburse the Service Provider at the detainee day rate shown on the cover page of this document. The Parties may adjust that rate 12 months after the date of signing, and every 12 months thereafter. The Parties shall base the rate and adjustments on the principles set forth in OMB Circular A-87. Such adjustments shall be effective on the first day of the month following execution of the modification.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees

Article XII. EnroHment, Invoicing, and Payment A. Emollment in electronic funds transfer. The Service Provider shall provide the BICE office with the infonnation needed to make payment by electronic funds transfer (EFT). Since January 1, 1999, BICE has made all payments only by EFT. The Service Provider shall identifY their financial institution and related infonnation on Standard Form 3881, Automated Clearing House (ACH) VendorlMiscellaneous Payment Enrollment Form, (Attachment F). The Service Provider shall submit.a completed SF 3881 to the BlCE payment office prior to submitting its initial request for payment under this Agreement. . If the EFT data changes, the Service Provider shall be responsible for providing updated information to the BICE·payment'office. . . .. .".,

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B. Invoicing. The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each BICE detain~, his or her A-number, and his or her specific dates of detention; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate ; an itemized listing of all other charges; and the name, title, address, and phone number of the local official responsible for invoice preparation. The Service Provider shall submit monthly invoices within the first ten working days of the month following the calendar month when it provided the services, to: U.S. Department of Homeland Security ATTN: Detention and Removals Office A.J. C. Federal Building, Room 1917 . J240 East Ninth Street Cleveland, OH 44199-2085 Phone: 216-522-4764 Fax: 216-522-3064 C. Pavrnent. The BleE will transfer funds electronically through either an Automated ClearingHouse subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Act requires BICE to make payments under this Agreement the 30th calendar day after the Deportation office receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Act requires BICE to pay interest on overdue payments to the Service Provider. The BICE will determine any interest due in accordance with the Act.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees

Article XIll. Government Furnished Property A. Federal Property Furnished to the Service Provider. The BICE may furnish federal property and equipment to the Service Provider. Accountable property remains titled to BlCE and shall be returned to the custody ofBICE upon termination of the agreement. The suspension of use of bed space made available to BICE is agreed to be grounds for the recall and return of any or all government furnished property.

B. Service Provider Responsibility. The Service Provider shall not remove BICE property from the facility without the prior written approval ofBICE. 1J1e Service Provider,shall:report anyloss'or destruction 01 such property. irIlIDediately to·BICE.

Article XlV. Hold Harmless and Indemnification Provisions

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A. Service Provider held hannless. The BICE shall save and hold the Service Provider hannless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or incident to performance of work under the terms of this Agreement, and which results from negligent acts or omissions of BICE officers or employees, to the extent that BICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government held hannless. The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the tenns of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Syrvice Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law. C. Defense of suit. In the event a detainee files suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, BICE shall request that the U.S. Attorney's Office, as appropriate, move either to have the Service Provider dismissed from such suit, to have BICE substituted as the proper party defendant, or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, BICE shall request that the U.S. Attorney's Office be responsible for the defense of any suit on these grounds.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement/or Housing Federal Detainees

D. BICE recovery right. The Service Provider shall do nothing to prejudice BICE' right to recover against third parties for any loss, destruction of, or damage to U$. Government property. Upon request of the Contracting Officer, the Service Provider shall, at the BICE' expense, furnish to BICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor ofBICE in obtaining recovery.

Article XV. Financial Records A. Retention of records. All financial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate' agreements lll1der this Agreem~nt shall be retained by the Service Provider for at least three years for purposes of federal examinations and audit. The 3-year retention period begins at the end of the first year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3-year period, the records must be retained lll1til completion of the action and resolution of all issues which arise from it or UIitil the end of the regular 3-year period, whichever is later.

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. B. Access to records. The BICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-recipients. Which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquent debt collection. The BICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. The BICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service provider pursuant to the Debt Collection Improvement Act of 1982, as amended.

Article XVI. Provision of Space to DICE and EOIR A. Service Provider responsibilities. The Service Provider shall provide suitable support, office and administrative space, for use by BICE. As necessary, the Service Provider will provide sufficient safe and secure storage space for all BICE detainee baggage. In addition, the Service Provider agrees, if required, to furnish acceptable office and administrative space to the Executive Office of Immigration Review (BOIR). The Service Provider shall provide all utilities (excluding telephone) andjanitorial services. BICE agrees to pay for this administrative space at the rate indicated on the cover page of this agreement. This rate is inclusive of utilities, janitorial, parking space, and communications capabilities as described below.

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Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovemmental Service Agreementfor Housing Federal Detainees

The Service Provider shall equip the office and administrative space furnished to BICE and EOIR with a telephone system compatible with the federal telephone network. The Service Provider shall furnish the security and janitorial services for this space.

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B. Federal Government responsibilities. The BICE will incur the costs ofinstaIling computer cabling, telephone lines and any additional telephone trunk lines and telephone switch equipment which may be required. The BICE will be responsible for payment of BICE long-distance telephone bills for BICE staff.

.Article Xvn~Box Lunches Service Provider agrees to provide box lunches, as requested by BICE, for detainees scheduled for release from Service Providers custody. Box lunches will be charged at a rate of $2.00 each and will be billed on the monthly invoice as a separate item.

Article XVIII. U.S. Marshals Service Use of this Agreement The U.S. Marshals Service is authorized to use this agreement under the same rates and terms and conditions as stated above. For off-site non emergency medical care for USMS prisoners. the Service provider shall send pre-approval requests to: U.S. Marshals Service Joseph P Kinneary U.S. Courthouse, RM 460 85 Marconi Blvd. Columbus, OH 43215 Phone: 614-469-5540 Fax: 614-469-2298 Invoices contairiing the same general information required in Article XII above should be sent on a monthly basis to the USMS at the above address.

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